§ 26B-6-402 — Division of Services for People with Disabilities -- Creation -- Authority -- Direction -- Provision of services.

(1) There is created within the department the Division of Services for People with Disabilities, under the administrative direction of the executive director of the department.
(2) In accordance with this part, the division has the responsibility to plan and deliver an appropriate array of services and supports to persons with disabilities and their families in this state.
(3) Within appropriations from the Legislature, the division shall provide services to any individual with a disability who is eligible to receive division services.
(4) (4)(a) Except as provided in Subsection (4)(c), any new appropriations designated to serve eligible individuals waiting for services from the division shall be allocated, as determined by the division by rule based on the:
(4)(a)(i) severity of the disability;
(4)(a)(ii) urgency of the need for services;
(4)(a)(iii) ability of a parent or guardian to provide the individual with appropriate care and supervision; and
(4)(a)(iv) length of time during which the individual has not received services from the division.
(4)(b) Funds from Subsection (4)(a) that are not spent by the division at the end of the fiscal year may be used as set forth in Subsection (7).
(4)(c) Subsections (4)(a) and (b) do not apply to any new appropriations designated to provide limited support services.
(5) The division:

(5)(a) has the functions, powers, duties, rights, and responsibilities described in Section 26B-6-403; and
(5)(b) is authorized to work in cooperation with other state, governmental, and private agencies to carry out the responsibilities described in Subsection (5)(a).
(6) Within appropriations authorized by the Legislature, and to the extent allowed under Title XIX of the Social Security Act, the division shall ensure that the services and support that the division provides to an individual with a disability:

(6)(a) are provided in the least restrictive and most enabling environment;
(6)(b) ensure opportunities to access employment; and
(6)(c) enable reasonable personal choice in selecting services and support that:
(6)(c)(i) best meet individual needs; and
(6)(c)(ii) promote:

(6)(c)(ii)(A) independence;
(6)(c)(ii)(B) productivity; and
(6)(c)(ii)(C) integration in community life.
(7) (7)(a) Appropriations to the division are nonlapsing.
(7)(b) After an individual stops receiving services under this section, the division shall use the funds that paid for the individual's services to provide services under this section to another eligible individual in an intermediate care facility transitioning to division services, if the funds were allocated under a program established under Section 26B-3-108 to transition individuals with intellectual disabilities from an intermediate care facility.
(7)(c) Except as provided in Subsection (7)(b), if an individual receiving services under Subsection (4)(a) ceases to receive those services, the division shall use the funds that were allocated to that individual to provide services to another eligible individual waiting for services as described in Subsection (4)(a).
(7)(d) Funds unexpended by the division at the end of the fiscal year may be used only for one-time expenditures unless otherwise authorized by the Legislature.
(7)(e) A one-time expenditure under this section:
(7)(e)(i) is not an entitlement;
(7)(e)(ii) may be withdrawn at any time; and
(7)(e)(iii) may provide short-term, limited services, including:

(7)(e)(iii)(A) respite care;
(7)(e)(iii)(B) service brokering;
(7)(e)(iii)(C) family skill building and preservation classes;
(7)(e)(iii)(D) after school group services; and
(7)(e)(iii)(E) other professional services.

Legislative History

Renumbered and Amended by Chapter 308, 2023 General Session